In his testimony, McCracken pointed to various problems with the tax credit, including its complexity, the fact that it is a temporary and nonrefundable credit and its exclusion of self-employed individuals.

On the other hand, evidence mitigating the sellers' blameworthiness included that (1) its practice of requiring a nonrefundable credit application fee to process a loan was not untenable; (2) almost no other applicants were required to put down deposits nearly as large as Watson's; and (3) the vast majority of the 2,000 applicants either went through with the purchase or were refunded their deposits on the financing company's rejection.

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